By Lucio S.B. No. 1027 76R4558 ESH-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to tech-prep education. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 61, Education Code, is amended by adding 1-5 Subchapter T to read as follows: 1-6 SUBCHAPTER T. TECH-PREP EDUCATION 1-7 Sec. 61.851. DEFINITIONS. In this subchapter: 1-8 (1) "Articulation agreement" means a written 1-9 commitment between the participants in a tech-prep consortium to a 1-10 program designed to provide students with a nonduplicative sequence 1-11 of progressive achievement leading to degrees or certificates in a 1-12 tech-prep education program. 1-13 (2) "Division" means the Community and Technical 1-14 Colleges Division of the coordinating board or its successor 1-15 division. 1-16 (3) "Junior college" means an institution of higher 1-17 education that awards associate degrees as provided by Chapter 130. 1-18 (4) "Tech-prep consortium" means a regional 1-19 collaboration of school districts, institutions of higher 1-20 education, businesses, labor organizations, and other participants 1-21 to work together to effectively implement a regional tech-prep 1-22 program. 1-23 (5) "Technical college" means a campus of the Texas 1-24 State Technical College System established under Chapter 135. 2-1 Sec. 61.852. TECH-PREP PROGRAM. (a) A tech-prep program is 2-2 a program of study that: 2-3 (1) combines at least two years of secondary education 2-4 with at least two years of postsecondary education in a 2-5 nonduplicative, sequential course of study based on the recommended 2-6 high school program adopted by the State Board of Education under 2-7 Section 28.025(a); 2-8 (2) integrates academic instruction and vocational and 2-9 technical instruction; 2-10 (3) uses work-based and worksite learning where 2-11 available and appropriate; 2-12 (4) provides technical preparation in a career field 2-13 such as engineering technology, applied science, a mechanical, 2-14 industrial, or practical art or trade, agriculture, health 2-15 occupations, business, or applied economics; 2-16 (5) builds student competence in mathematics, science, 2-17 reading, writing, communications, economics, and workplace skills 2-18 through applied, contextual academics and integrated instruction 2-19 in a coherent sequence of courses; 2-20 (6) leads to an associate or baccalaureate degree or a 2-21 postsecondary certificate in a specific career field; and 2-22 (7) leads to placement in appropriate employment or to 2-23 further education. 2-24 (b) Notwithstanding Subsection (a)(1), a tech-prep 2-25 consortium is encouraged to include four years of secondary 2-26 education in a tech-prep program. 2-27 Sec. 61.853. REGIONAL TECH-PREP CONSORTIA: GOVERNING BOARD; 3-1 DIRECTOR; FISCAL AGENT. (a) Each regional tech-prep consortium is 3-2 governed by a governing board composed of private sector and public 3-3 sector leaders in the ratio agreed to by the participants in the 3-4 consortium. 3-5 (b) The governing board shall determine the policies of the 3-6 tech-prep consortium. 3-7 (c) The governing board shall select a consortium director 3-8 to manage the consortium's affairs. The consortium director serves 3-9 at the will of the governing board. 3-10 (d) The governing board shall select a junior college, 3-11 technical college, university, regional education service center, 3-12 independent school district, council of governments, or private 3-13 industry council to act as the tech-prep consortium's fiscal agent 3-14 and to provide human resource and business office services for the 3-15 consortium. The fiscal agent serves at the direction of the 3-16 governing board and under the terms of an agreement between the 3-17 governing board and the fiscal agent. 3-18 Sec. 61.854. TECH-PREP CONSORTIUM ALLOTMENT. (a) In each 3-19 fiscal year, the division, as the agent of the Texas Education 3-20 Agency, shall allot the federal tech-prep implementation money this 3-21 state receives to the regional tech-prep consortia for regional 3-22 administration according to regionally developed plans designed to 3-23 meet regional goals. The division shall allot the money to 3-24 tech-prep consortia in accordance with a formula adopted by the 3-25 coordinating board that addresses the differing needs of consortia 3-26 due to urban or rural populations, special populations, number of 3-27 tech-prep programs and students, and other factors determined by 4-1 the coordinating board each year. 4-2 (b) An eligible tech-prep consortium that desires assistance 4-3 under this section must submit an application to the division on a 4-4 form prescribed by the division for that purpose. The form must 4-5 address the formula adopted by the coordinating board under 4-6 Subsection (a). 4-7 (c) If a tech-prep consortium has a completed application on 4-8 file under Subsection (b), the division shall make a payment in the 4-9 amount of the consortium's allotment under Subsection (a) to the 4-10 consortium's fiscal agent. 4-11 Sec. 61.855. GRANTS FOR TECH-PREP EDUCATION. (a) From 4-12 amounts made available under Section 61.854, the division, in 4-13 accordance with this subchapter and with a formula adopted by the 4-14 coordinating board, shall award grants to tech-prep consortia for 4-15 tech-prep programs described by Subsection (c). 4-16 (b) To be eligible for a grant, a tech-prep consortium must 4-17 be composed of: 4-18 (1) a local educational agency, intermediate 4-19 educational agency, area vocational and technical education school 4-20 serving secondary school students, or a secondary school funded by 4-21 the Bureau of Indian Affairs; 4-22 (2) one of the following institutions of higher 4-23 education: 4-24 (A) a nonprofit institution of higher education 4-25 that offers: 4-26 (i) a two-year associate degree program or 4-27 a two-year certificate program and that is qualified as a junior 5-1 college or technical college to award associate degrees under 5-2 Chapter 130 or 135, including an institution receiving assistance 5-3 under the Tribally Controlled Community College Assistance Act of 5-4 1978 (25 U.S.C. Section 1801 et seq.) and its subsequent amendments 5-5 as a tribally controlled postsecondary vocational or technical 5-6 institution; or 5-7 (ii) a two-year apprenticeship program 5-8 that follows secondary instruction, if the nonprofit institution of 5-9 higher education is not prohibited from receiving assistance under 5-10 Part B, Title IV, of the Higher Education Act of 1965 (20 U.S.C. 5-11 Section 1071 et seq.) and its subsequent amendments as provided by 5-12 Section 435(a) of that Act (20 U.S.C. Section 1085(a)) and its 5-13 subsequent amendments; 5-14 (B) a proprietary institution of higher 5-15 education that offers a two-year associate degree program and that: 5-16 (i) is qualified as an institution of 5-17 higher education under Section 102 of the Higher Education Act of 5-18 1965 (20 U.S.C. Section 1002) and its subsequent amendments; and 5-19 (ii) is not subject to a default 5-20 management agreement plan required by the United States Secretary 5-21 of Education; or 5-22 (C) an institution of higher education that 5-23 awards a baccalaureate degree; and 5-24 (3) employers or labor organizations. 5-25 (c) A tech-prep program must: 5-26 (1) be implemented under an articulation agreement; 5-27 (2) consist of two to four years of secondary school 6-1 preceding graduation and: 6-2 (A) two or more years of higher education; or 6-3 (B) two or more years of apprenticeship 6-4 following secondary instruction; 6-5 (3) have a common core of required proficiency based 6-6 on the recommended high school program adopted by the State Board 6-7 of Education under Section 28.025(a), with proficiencies in 6-8 mathematics, science, reading, writing, communications, and 6-9 technologies designed to lead to an associate's degree or 6-10 postsecondary certificate in a specific career field; 6-11 (4) include the development of tech-prep program 6-12 curricula for both secondary and postsecondary participants in the 6-13 consortium that: 6-14 (A) meets academic standards developed by the 6-15 state; 6-16 (B) links secondary schools and two-year 6-17 postsecondary institutions, and, if practicable, four-year 6-18 institutions of higher education through nonduplicative sequences 6-19 of courses in career fields, including the investigation of 6-20 opportunities for tech-prep students to enroll concurrently in 6-21 secondary and postsecondary coursework; 6-22 (C) uses, if appropriate and available, 6-23 work-based or worksite learning in conjunction with business and 6-24 all aspects of an industry; and 6-25 (D) uses educational technology and distance 6-26 learning, as appropriate, to involve each consortium participant 6-27 more fully in the development and operation of programs; 7-1 (5) include in-service training for teachers that: 7-2 (A) is designed to train vocational and 7-3 technical teachers to effectively implement tech-prep programs; 7-4 (B) provides for joint training for teachers in 7-5 the tech-prep consortium; 7-6 (C) is designed to ensure that teachers and 7-7 administrators remain informed regarding current needs, 7-8 expectations, and methods of business and of all aspects of an 7-9 industry; 7-10 (D) focuses on training postsecondary education 7-11 faculty in the use of contextual and applied curricula and 7-12 instruction; and 7-13 (E) provides training in the use and application 7-14 of technology; 7-15 (6) include training programs for counselors designed 7-16 to enable counselors to more effectively: 7-17 (A) provide information to students regarding 7-18 tech-prep programs; 7-19 (B) support student progress in completing 7-20 tech-prep programs; 7-21 (C) provide information on related employment 7-22 opportunities; 7-23 (D) ensure that tech-prep students are placed in 7-24 appropriate employment; and 7-25 (E) remain informed regarding current needs, 7-26 expectations, and methods of business and of all aspects of an 7-27 industry; 8-1 (7) provide equal access to the full range of 8-2 tech-prep programs for individuals who are members of special 8-3 populations, including by the development of tech-prep program 8-4 services appropriate to the needs of special programs; and 8-5 (8) provide for preparatory services that assist 8-6 participants in tech-prep programs. 8-7 (d) A tech-prep consortium that receives a grant under this 8-8 section must use the money awarded to develop and operate a 8-9 tech-prep program described in Subsection (c). 8-10 (e) A tech-prep program may: 8-11 (1) provide for the acquisition of tech-prep program 8-12 equipment; 8-13 (2) acquire technical assistance from state or local 8-14 entities that have designed, established, and operated tech-prep 8-15 programs that have effectively used educational technology and 8-16 distance learning to deliver curricula and services and to develop 8-17 an articulation agreement; and 8-18 (3) establish articulation agreements with 8-19 institutions of higher education, labor organizations, or 8-20 businesses located in or out of the region served by the tech-prep 8-21 consortium, especially with regard to using distance learning and 8-22 educational technology to provide for the delivery of services and 8-23 programs. 8-24 Sec. 61.856. GRANT APPLICATION. (a) Each regional 8-25 tech-prep consortium that desires to obtain a grant under this 8-26 subchapter must submit an application to the division at the time 8-27 and in the manner the division prescribes. 9-1 (b) An application under this section must: 9-2 (1) contain a five-year plan for the development and 9-3 implementation of tech-prep programs; 9-4 (2) show that the application has been approved by the 9-5 tech-prep consortium's governing board; and 9-6 (3) show that the entity selected as the consortium's 9-7 fiscal agent has agreed to serve in that capacity. 9-8 (c) The division shall approve the application if the 9-9 application meets the requirements of this section and Section 9-10 61.854(b). 9-11 (d) The division shall give special consideration to an 9-12 application for a tech-prep program that: 9-13 (1) provides for effective employment placement 9-14 activities for students or for the transfer of students to 9-15 baccalaureate degree programs; 9-16 (2) is developed in consultation with business, 9-17 industry, institutions of higher education, and labor 9-18 organizations; 9-19 (3) effectively addresses the issues of school dropout 9-20 prevention, returning to school after dropping out, and the needs 9-21 of special populations; 9-22 (4) provides education or training in areas or skills 9-23 in which there are significant workforce shortages, including the 9-24 information technology industry; and 9-25 (5) demonstrates how tech-prep programs may help 9-26 students achieve high academic and employability competencies. 9-27 (e) In awarding grants under this subchapter, the division 10-1 shall ensure an equitable distribution of assistance between urban 10-2 and regional consortium participants. 10-3 Sec. 61.857. REPORT; REVIEW OF FIVE-YEAR PLAN. (a) Each 10-4 regional tech-prep consortium that receives a grant under this 10-5 subchapter shall annually prepare and submit to the division a 10-6 written report on the effectiveness of the tech-prep programs for 10-7 which the consortium received assistance. The report must include 10-8 a description of the manner in which the consortium awarded any 10-9 subgrants in the region served by the consortium. 10-10 (b) After the second year of the five-year plan required 10-11 under Section 61.856(b)(1), the consortium shall review the plan 10-12 and make any changes necessary. 10-13 Sec. 61.858. DEMONSTRATION PROGRAMS. (a) From funds 10-14 appropriated for the purpose, each fiscal year the division may 10-15 award grants to regional tech-prep consortia described by Section 10-16 61.855(b) to enable the consortia to establish and implement 10-17 tech-prep demonstration programs. 10-18 (b) A tech-prep demonstration program under this section: 10-19 (1) must involve the location of a secondary school on 10-20 the site of a junior college; 10-21 (2) must involve a business as a participant in the 10-22 tech-prep consortium; 10-23 (3) must include the voluntary participation of 10-24 secondary school students in the tech-prep program; and 10-25 (4) may provide summer internships at a business for 10-26 students or teachers. 10-27 (c) A regional tech-prep consortium that desires to obtain a 11-1 grant under this section must submit an application to the division 11-2 at the time and in the manner the division prescribes. The 11-3 application must include the information required by the board. 11-4 (d) A tech-prep demonstration program must: 11-5 (1) be implemented under an articulation agreement; 11-6 (2) consist of two to four years of secondary school 11-7 preceding graduation and: 11-8 (A) two or more years of higher education; or 11-9 (B) two or more years of apprenticeship 11-10 following secondary instruction; 11-11 (3) have a common core of required proficiency based 11-12 on the recommended high school program adopted by the State Board 11-13 of Education under Section 28.025(a), with proficiencies in 11-14 mathematics, science, reading, writing, communications, and 11-15 technologies designed to lead to an associate degree or 11-16 postsecondary certificate in a specific career field; 11-17 (4) include the development of tech-prep program 11-18 curricula for both secondary and postsecondary participants in the 11-19 consortium that: 11-20 (A) meets academic standards developed by the 11-21 state; 11-22 (B) links secondary schools and two-year 11-23 postsecondary institutions; 11-24 (C) uses, if appropriate and available, 11-25 work-based or worksite learning in conjunction with business and 11-26 all aspects of an industry; and 11-27 (D) uses educational technology and distance 12-1 learning, as appropriate, to involve each consortium participant 12-2 more fully in the development and operation of programs; 12-3 (5) include in-service training for teachers that: 12-4 (A) is designed to train vocational and 12-5 technical teachers to effectively implement tech-prep programs; 12-6 (B) provides for joint training for teachers in 12-7 the tech-prep consortium; 12-8 (C) is designed to ensure that teachers and 12-9 administrators remain informed regarding current needs, 12-10 expectations, and methods of business and of all aspects of an 12-11 industry; 12-12 (D) focuses on training postsecondary education 12-13 faculty in the use of contextual and applied curricula and 12-14 instruction; and 12-15 (E) provides training in the use and application 12-16 of technology; 12-17 (6) include training programs for counselors designed 12-18 to enable counselors to more effectively: 12-19 (A) provide information to students regarding 12-20 tech-prep programs; 12-21 (B) support student progress in completing 12-22 tech-prep programs; 12-23 (C) provide information on related employment 12-24 opportunities; 12-25 (D) ensure that tech-prep students are placed in 12-26 appropriate employment; and 12-27 (E) remain informed regarding current needs, 13-1 expectations, and methods of business and of all aspects of an 13-2 industry; 13-3 (7) provide equal access to the full range of 13-4 tech-prep programs for individuals who are members of special 13-5 populations, including by the development of tech-prep program 13-6 services appropriate to the needs of special programs; and 13-7 (8) provide for preparatory services that assist 13-8 participants in tech-prep programs. 13-9 (e) The division shall give special consideration to an 13-10 application for a tech-prep demonstration program that: 13-11 (1) provides for effective employment placement 13-12 activities for students; 13-13 (2) effectively addresses the issues of school dropout 13-14 prevention, returning to school after dropping out, and the needs 13-15 of special populations; 13-16 (3) provides education or training in areas or skills 13-17 in which there are significant workforce shortages, including the 13-18 information technology industry; and 13-19 (4) demonstrates how tech-prep programs may help 13-20 students achieve high academic and employability competencies. 13-21 SECTION 2. This Act takes effect September 1, 1999. 13-22 SECTION 3. The importance of this legislation and the 13-23 crowded condition of the calendars in both houses create an 13-24 emergency and an imperative public necessity that the 13-25 constitutional rule requiring bills to be read on three several 13-26 days in each house be suspended, and this rule is hereby suspended.